The 1837-38 Rebellion, of Bas & Upper Canada in Brief.

S.V.P. This is a first draft on your typical status quo account, for the exception of new info I added, with Author’s narrative, footnotes, in brief.

The 9th Earl of Dalhousie in December 1820 appointed the speaker of the assembly, Louis-Joseph Papineau, to the Executive Council. Not that Dalhousie liked Papineau, whom he considered rather “an ill tempered, cross, tho’ clever barrister, [who] scarcely knows the rules of good Society.” Nor did he intend “to flatter, or to coax” the assembly. Rather he wanted the public to “know that I am acting a frank, fair, and candid part with them, free from intrigue and free from guile,” and hoped “to push every public man to do his duty in his station & to draw towards unanimity & cordial cooperation in the public affairs.”[1]. On the 24th Oct. 1837 assembly of the Six Counties address: Fellow-citizens! Let us unit from one end of the province to the other. Let us show to the whole universe that we are men who deserve to be independent. Let us make our enemies feel that if they did not respect the justice of our complaints there still remains a means of stopping them in their “iniquitous profits.”[2].

A portion of French and English alike in both provinces, argued for years reforms were needed, severing the umbilical cord from Mother, adapting a more America constitutional system. Dans la province du Québec, it’s known as “Les Rébellions de 1837-38” or the 1837-38 Rebellion of Lower Canada. On 24th October 1837 in the Assembly of the Six Counties in Saint-Charles-sur-Richelieu, north of Montreal, Papineau’s address delivered to the people of Canada, published in The Vindicator News Paper on October 31, 1837. “Fellow-citizens! brothers of a common affliction! you all, of whatever origin, language or religion you may be, to whom equal laws and the human rights are dear.” “Our judges depend as a condition attached to their commission, on the sole will and pleasure of the Crown, the men in office in this province devour, by their so extravagant salaries that they deprive us of the funds needed for the general improvement of the country which results in our public works being stopped and the navigation of our rivers continuing to be obstructed; a Legislative Council appointed by men a thousand leagues away from the country, and systematically composed in a manner suited to paralyse and destroy the efforts of our freely chosen representatives” “The long and heavy chain of abuses and oppressions which weighs on us, and to which each year a new and no less annoying link is added, proves that our history is but a recapitulation of the evils that the other colonies endured before us.”

On November 23, 1837 armed rebellion began in the Richelieu valley when Les Patriote lead by Wolfred Nelson defeated British troops in Saint Denis. Prior to arm confrontation with the British, Papineau vacated the town of Saint Denis, accused of being a coward while others claimed, “as he’d be able to serve it in the future.”

Styled as the Upper Canada Rebellion, today mainstream tend to add the 1837-38 date. In 1837, William Lyon Mackenzie fell short attempting to achieve reform by peaceful political means, frustrated he rallied both moderates and radicals, on a reckless plan to overthrow the governing body. News of bas Canada’s insurrection inspired Mackenzie, reassuring he wasn’t alone in the struggles. Hastily commenced recruiting in Toronto’s north west area where numerous supporters were concentrated, organising a force of several hundred hooligans. Erecting his headquarters in Montgomery’s Tavern, a call to arms, raised a force of circa 800 men. Since British regulars were dispatched to Lower Canada, a small force of local militia mustered in the city. Mackenzie seized the opportunity and on 5th December 1837, the agitation erupted ordering his men to assemble rebels marched south towards the city.

In spite of being outnumbered, the militia men succeeded in preventing Mackenzie and his men from reaching Toronto. Two days later, approximately 1,000 militia and loyal volunteers met the remnants of Mackenzie’s rebel force near Montgomery’s Tavern and routed them in a brief but fierce encounter.

A second rebel force had been organized in the Brantford area by Dr. Charles Duncombe (1767-1862) and Eliakim Malcolm (1801-1874). On December 14, 1837 they met a large force of militia led by Col. Allan MacNab (1798-1862) near the village of Scotland and were easily defeated. Both Duncombe and Malcolm fled to the United States in exile. With the dispersal of Duncombe’s followers, the Upper Canada rebellion was over. Two weeks later, Mackenzie (who had also fled to the United States) occupied Navy Island in the Niagara River with a small number of exiles and American sympathizers. An American supply ship, the Caroline, was captured and burned, but the rebels, ill-equipped and poorly organized, were chased from the island.

Quickly quelled, however not completely defeated. Pockets of resistance lingered into 1838 escalating . Mackenzie hastily fled to American dressed as a women. Owing to the Patriot War in America to be launched by the Hunter Brothers developed an interest in the uprising of upper and bas Canada.

I’ve been subjected too the English and French one-sided versions in events, however ever coin has three sides. Historians have painted Louis Joseph Papineau with the Patriotes armed rebels of the Rebellion or as their leader, which he was certainly not! The Patriotes political Party lead by Papineau and James Stuart was the tree, while Les Fils de la liberté, Les Patriotes were a branches, Papineau preferred peaceful concessions and dialogue, wanted no part in an armed rebellion. Many hardliners in his political party saw it differently favouring, armed conflict, civil unrest, breaking ranks conspired alienating Papineau insuring he was left out, with no authority. Wolfred Nelson, stated that the “time has come to melt our plates and our tin spoons to make bullets.”

The Doric Club from their conception were involved, commiting crimes against the Français, however authorities turned a blind eye. Doric members attacked the Fils de la Liberté, believing they were being falsely accused, resisted arrest by the authorities. In response squads of armed Patriotes materialised disarming government supporters in Québec. A Doric mob attacked Papineau’s home while setting offices ablaze of The Vindicator and Canadian Advertiser, a pro-patriot English newspapers.

The Majority of Français Québécoise in 2014 are clueless, assuming les Patroites or Patriots were French, while numerous English were part of the rebels. Historians concluded Papineau had no means of raising or furnishing an effective French militia force to fight the British. Governor Lord Gosford proclamation in both languages with a 1,000 pounds reward, too anyone who apprehends and hands over L. J. Papineau to authorities. Papineau fled to America 1st December 1837, rallying to convince several American political figures to his cause, in 2nd January, 1838 in Middlebury, Vermont a meeting took place that ended in a split between the radical group led by Robert Nelson and the moderates led by Papineau. In February 8, 1839 after his pleads fell on deaf ears, he sets sail from New York for France aboard the Sylvie-de-Grasse.

Louis-Joseph Papineau Lower Canada 1837 Rebellion

“Research show’s Major Papineau had the keys to the armoury of 3rd Battalion with a large portion consisting mainly of French Rank and file in 8 battalion’s en Montréal. Captain L. J. Papineau commissioned with 5th Battalion Select Embodied militia in the war of 1812, until the battalion was disbanded in 1814.”[3] Accepted a commission and transferred to Second Battalion Sedentary Militia in Montréal, from 1814-1815. [4][5]. In 1830 received a brevet of Major with 3rd Battalion till 1837 when all District battalions, were disbanded and reorganized in the unrest of 1837-38.”[6]

Historians have tended to view the two Canadian Rebellions and the subsequent American Patriot War in isolation, without reference to each other, and without reference to the republican impetus they shared.[7] Ducharme (2006) argues that Canadian reformers took their inspiration from the republicanism of the American Revolution. The rebels believed that the right of citizens to participate in the political process through the election of representatives was the most important right, and they sought to make the legislative council elective rather than appointed. Rebellion in Upper Canada (and Lower Canada also) broke out after the 1836 Legislative Assembly elections were corrupted. It seemed then that the reformers struggles could only be settled outside the framework of existing colonial institutions. The military crushed the rebellions, ending any possibility the two Canadas would become republics.[8]. The constitutions of Upper and Lower Canada differed greatly, but shared a basis on the principle of “mixed monarchy” – a balance of monarchy, aristocracy and democracy.[9]

Painting of the Assembly of the Six Counties by Charles Alexander Smith.

In response, Reformers in each province organized radical democratic “political unions.” The Political Union movement in Britain was largely credited with the passing of the Great Reform Bill of 1832. William Lyon Mackenzie helped organize the Toronto Political Union in July 1837. Both organizations became the vehicles for politically organizing protests, and eventually, rebellion. As the situation in Lower Canada approached crisis the British concentrated their troops there, making it apparent that the British planned on using armed force against the Patriotes. With no troops left in Upper Canada, an opportunity for a sympathetic revolt was opened.[10]. The governments in both provinces were viewed by the Reformers as illegitimate. In Lower Canada, acute conflict between the elected and appointed elements of the legislature brought all legislation to a halt, leaving the Tories to impose Lord John Russell’s Ten Resolutions, allowing them to rule without elected accountability. In Upper Canada, the 1836 elections had been marred by political violence and fraud organized by the new Lt. Governor, Sir Francis Bond Head. William Lyon Mackenzie and Samuel Lount lost their seats in the result. The Tories passed a bill allowing them to continue to sit in disregard of the established practice of dissolving the House on the death of a monarch (William IV died in June 1837).[11]

Le Parti Patriote emerged from the Parti Canadien in 1826, and eventually won a majority in the assembly. Influenced many Patriotes sought a Français Canadien république modeled on the United States, freedom from British oppression. The assembly of Lower Canada erupted in conflict and distrust, dominated by the Patriote Party. Political tensions grew in 1830s as Papineau followed a strategy “Come hell or high water.” The assembly was constantly opposed by the British governors, and their appointed councils. In 1834 the assembly requested fundamental changes, in a document called the “Ninety-Two Resolutions,”[12] Requested reforms as an elected legislative council with power to remove executive members from council, leaving the government of Lower Canada in Canadien Français hands. Britain rejected the Resolutions in 1837 and the British government issued its Russell’s “Ten Resolutions.” That same year Gosford dismissed the assembly, sparking massive political protest. Governor-General Archibald Acheson, 2nd earl of Gosford, offered a compromise of appointing more Canadien Français to both councils, but the Patriotes rejected it. Le Parti Patriote lead by Louis-Joseph Papineau, and James Stuart who were seeking accountability from the elected governor as government of the colony. However the unelected body was dominated by a small group of mainly Montréal businessmen known as the “Clique du Château” or “Château Clique.”

“Le Clique du Château,” was a group of wealthy families in bas Canada in the early 19th century. “The Clique” gained most of its influence after the War of 1812. Most of the families in the Clique were British Merchants, and some were “Canadien Français Seigneurs” from the “bourgeois,” felt their own interests were best served by affiliation with the “Clique du Château.” Prominent families, in which the majority held Officer Commissions like, John Molson and James McGill, John S. McCord, George Gregory, John Ogilvy ect. [13]

However research indicates, this wasn’t the case with The Hon. Major John Molson felt that changes were needed to the status quo. Vice-president with “The Montreal Mechanics Institution” which enrolled many, encouraging French courses, sharing his Vice-presidency with Louis-Joseph Papineau, both former members of 5th BATT., Devil’s Owen in the war of 1812. This is further evident as Major John Molson of 5th. Battalion 1829, over half of “Le Cinquième Bataillon Milice de Montréal” étaient Français, sharing his duties even though he funded 5th Bn, with Major A. Berthelot and Lt.-Col. L. Gugy being both very French, Indeed. In Hindsight, many wanted “Les Canadien” majority to assimilate to English culture. This included the abolition of the seigniorial system, replacing French Civil Law with British common law, and replacing the established Roman Catholic Church with the Anglican Church. Their efforts led to the Act of Union (1840), which ultimately failed to assimilate all Canadien Français, however succeeded in preventing their political and economic interests from prevailing over those of Britain & “The Clique.” “In Upper Canada they were known as the Family Compact. Both office-holding oligarchies were affiliated with more broadly based “Tory parties” and opposed by a Reform opposition that demanded a radically more democratic government than existed in each colony.”[14][15]

Louis-Joseph Papineau as a reformer in the Assembly, was one of the fiercest opponents of the “Chateau Clique.” His struggles against them and the Lieutenant Governor Lord Gosford, led to the Lower Canada Rebellion. In March 1837 the government of Lord Melbourne rejected all of Papineau’s requests. Papineau then organized assemblies to protest, eventually approving the paramilitary Société des Fils de la Liberté pendant Assemblée des six-comtés. “Our youth, the hope of the fatherland, should everywhere organize like their brothers, the Fils de la liberté, of Montreal, in order to be ready to act with promptitude and effectiveness according to whether the circumstances should require it.”[16]

Papinue’s address to the people of Canada starts ; “Fellow-citizens, when a people find themselves invariably stalled following a succession of systematic oppressions, in spite of their wishes expressed in all manners recognized by constitutional customs, by public meetings and by their representatives in Parliament after a serious deliberation; when their rulers, instead of rectifying the various evils that they themselves produced by their bad government, have solemnly recorded and proclaimed their guilty determination to sap and overthrow to the very foundations of civil liberty, it imperiously becomes the duty of the people to seriously apply themselves to the consideration of their unhappy position, – the dangers which surround them, – and, by a well-combined organization, to make the arrangements necessary to keep intact their citizens rights and their dignity as free men.” Further adding with conviction: Our municipalities are entirely destroyed; the rural areas of this province, forming a disgracious contrast with the other parts of this continent, are absolutely deprived of any power to regulate, in a municipal capacity, their local affairs, by the means of freely elected parish and township officers; the upcoming generation is deprived of the benefit of education, primary schools providing education to 40 000 children were closed by the Legislative Council, body hostile to the progress of useful knowledge.”[17]

Lower Canada’s 1837-38.

During 1837 numerous meetings were held throughout Lower Canada, especially in the Montréal area, denouncing British policies. People who remained loyal to the authorities organized their own meetings in English speaking areas. Radical British Canadians in Montréal already had a secret paramilitary body, the Doric Club, which was organized in 1836. “Les Canadien” followed in 1837 by forming Fils de la Liberté (Sons of Liberty). The group was named after a secret society that had organized resistance to the British in the 13 colonies prior to the American Revolution.[18][19] By the end of October, in Montréal and its surrounding area, Patriote bands roamed the countryside demanding the resignation of militia officers and magistrates. The Fils de la Liberté announced it intended to hold a mass rally, but on 4 Nov. magistrates banned all parades. The following day, Papineau made it clear that he thought the meeting was unwise and that a clash in the streets of Montreal was premature but the Fils de la Liberté stubbornly refused to listen. On 6 Nov., magistrates tried unsuccessfully to persuade Brown and André Ouimet to call off the meeting [20]. On Nov. 6, 1837, in Montréal, members of the Doric Club attacked the Fils de la Liberté, and the confrontation spread.[21]

After being called in to quell the riot, Lieut.-Col. George Augustus Wetherall’s troops were able to disperse the crowd. The Fils de la Liberté responded with squads of armed Patriotes sprang up from everywhere to guard the house of their leader, Papineau, and in the neighbouring counties hundreds of others mobilized, disarming government supporters, intimidating magistrates and demanding neutrality from militia officers.

When the Big Wigs confronted with the rebellion scrambled, hastily authorizing militia battalions and enrolment of volunteers. The Royal Montreal Cavalry was increased to two troops, Captain Charles Ermatinger having command of one, and Captain Sweeney of the other. Colonel David was given command of the whole. The mere remnants of the old garrison artillery (The Royal Artillery), was reorganized under command of Major John Boston. The Montreal Rifles were increased to Three Companies by GO, Major Griffin having the supreme command. The Coy’s commanded by Captains C.S. de Bleury, P.E. Leclerc and Thos. Blackwood.

Les Volunteers de Montréal with English and many French Loyalists, enthusiastically enlisted in large numbers, these corps grew into Brigades. Being decided the organization of, “Third Brigade” volunteers in Montréal to be delegated just to one Infantry regiment the Montreal Light Infantry. The Montreal Division with three brigades included the Calvary and artillery as a whole registered as, “The Montreal Loyal Volunteers.” First Brigade “The Royal Montreal Cavalry” (C.O. Major David), which had two troops in the city and one in Lachine, a company of “The Royal Artillery” (C.O. Major Boston). “The Queen’s Light Dragoons” (Capt. W. Jones), one troop. The Montreal Rifles or Rifles” three companies (C.O. Major Griffin) & 1st Battalion, Montreal Volunteer Militia (C.O. Lieut.-Col. Henry Dyer). Second Brigade consisting of, three Battalions of Wards; 3rd Bn., Rank and file for Lt.-Col. John Jr. Molson’s Batallion 730 men.” “3rd Brigade solely consisted of The Montreal Light Infantry (Lt.-Col. Benjamin Holmes), six companies increasing to 12, in 1838 and two aid Majors.

Canada’s 1837-38 Rebelion Battle of Saint Charles

However in 1838, 1st Battalion, Montreal Volunteer Militia was disbanded, at this same time 1st Bde., Montreal Rifles designated to 3rd Bde fussing into a two Battalion Brigade. Third Brigade consisted solely of “The Montreal Light Infantry” (Lt.-Col. Benjamin Holmes), Six Companies being battalion strength, estimated 600 all ranks.

In 1837-38 “1st. Brigade, 1st Battalion, The Montreal Volunteer Militia” was disbanded, “The Montreal Rifles” were delegated to 3rd Brigade and designated as 2nd Battalion. In hindsight mutiny of biblical proportions would’ve issued, since 3rd Brigade gave rise to the MLI first as a single unit brigade. Third Brigade gave rise due to the distrust from British, Scottish, Irish Officers and SNCO’s from the 1828-37 “Old Sedentary Militia Battalions” haven been deprived for few years, eagerly wanted to restore their officer militia commissions. The Rank and file questioned the Loyalty of the “Canadien Français Loyal Subjects.” Major Griffin’s, The Montreal Rifles, three companies, consisted of numerous high rank and file being French. Commanded by Captains de Bleury, Leclerc, Blackwood being spared. The English speaking Officers sent numerous letters of complaint to Lord Gosford questioning their loyalty and refusing to serve and obey orders under Canadien Français command in, majors de Bleury and Leclerc companies. Lord Gosford knowing of the large numbers of men that fallowed those Officers, as enthusiastic interest of enrolment gave rise to Third Brigade, consisting solely of The Montreal Light Infantry with six companies being more of battalion strength.

The Bas Canada Rebellion occurred in the Richelieu River Valley in Saint-Denis, Saint-Charles, Saint-Eustache and around Beauharnois.[22]. The first armed conflict when the 26 members of the Patriote movement who had been charged with illegal activities chose to resist their arrest by the authorities under the direction of John Colborne. The actions des Patriotes resulted in the declaration of martial law. Papineau escaped to the United States, however les Patriote set themselves up in the countryside. Led by Wolfred Nelson defeated a British force at Saint-Denis on November 23. However, the British troops soon beat back the “Canadien,” defeating them at Saint-Charles on November 25 and at Saint-Eustache on December 14. Saint-Eustache was then pillaged and ransacked. On December 5, martial law was declared in Montreal. In 1838, two major armed conflicts occurred when groups of Lower Canadian Patriotes, “Les Frères Chasseurs (Hunter Brothers,)” Patroite Leaders and English supporters who succeeded in evading the English army reorganised in the United States.[23]

Battle of Saint Eustache Québec Patriotes 1837-38 Rebelion

While the initial rebellion in Upper Canada ended quickly with the Battle of Montgomery’s Tavern, many of the rebels (including Mackenzie) fled to the United States. Mackenzie established a short-lived “Republic of Canada” on Navy Island in the Niagara River, but withdrew from armed conflict soon thereafter. Charles Duncombe and Robert Nelson, in contrast, helped foment a largely American militia, the Hunter’s Brothers Lodge/Frères chasseurs, which organized a convention in Cleveland in Sept. 1838 to declare another Republic of Lower Canada. The Hunter’s Lodges drew on the American members of the radical republican “Equal Rights Party (or Locofocos).[24]. This organization launched the “Patriot War,” which was suppressed only with the help of the American government.[25] They all arranged to meet on 2 Jan. 1838 at Middlebury, Vermont, to discuss another insurrection. The failure of 1837 had profoundly changed the alignments and the radicals had taken over the leadership of the movement from the moderates. Robert Nelson supported by Dr. Côté and Julien Gagnon. Other Patriotes, centring around Papineau, were opposed to any action without having previously obtained the assurance of formal aid from the Untieted States Goverment. Nelson prevailed being elected general of the army and president of the future Canadian republic. Nelson prepared the first invasion for 28 Feb. 1838. After having “obtained” 250 rifles from the Elizabethtown arsenal, Nelson, at the head of 300 to 400 Patriots, invaded Canada from Alburg, Vermont. The invasion proved to be a total failure, scarcely had the Patriots reached Canadian territory when they were attacked and pushed back into the United States. Nelson and others were put in prison for having infringed the American neutrality law. However, they were rapidly acquitted by a jury sympathetic to their cause.[26]

The Rebels arrested for the uprising were put on trial In Upper Canada seventeen rebels met the hang mans noose, included Samuel Lount and Peter Matthews, twelve in Lower Canada.

Almost as severe was the sentencing of 100 Canadian rebels and American sympathizers recived life in Australia’s prison colonies. The root cause of resentment in Upper Canada was not so much against distant rulers in Britain, but rather against the corruption and injustice by local politicians – the so-called “Family Compact.” However, the rebels were not really convicted because their views aligned with the liberalism of the United States, and thus caused some kind of offense to the Tory values of the Canadian colonies. Rather, as revealed in the ruling of Chief Justice Sir John Robinson, a Lockean justification was given for the prisoners’ condemnation, and not a Burkean one: the Crown, as protector of the lives, liberty, and prosperity of its subjects could “legitimately demand allegiance to its authority.” Robinson went on to say that those who preferred republicanism over monarchism were free to emigrate, and thus the participants in the uprisings were guilty of treason.[27] Moreover, the Lower Canada rebellion was widely supported by the populace, resulting in mass actions over an extended period of time, such as boycotts, strikes and sabotage. These drew harsh punitive responses such as the burning of entire villages.[28]. Since the time of Lord Durham’s Report on the Rebellions, the Lower Canada Rebellion has been attributed to tensions between the English and the French, that the conflict was “racial” and, as a consequence, it was sharper than – indeed fundamentally different from – the milder strife that disturbed ‘English’ Upper Canada.[29]

Papineau and Mackenzi’s name would resonate in Spain’s Civil War, the Canadian volunteers fought in the Republican International Brigade. Named the Mackenzie-Papineau Battalion or Mac-Paps, in memory of their heritage, struggles endured in the Rebellion. The Mac-Paps fought to the rallying cry “The Spirit of 1837 Lives on!”